STATE OF NORTH CAROLINA
v. Beaufort County
Nos. 02 CRS 538, 3610
ANTONIO ULYSSES MCCARTER
Attorney General Roy Cooper, by Special Deputy Attorney
General Kathryn Jones Cooper, for the State.
Geoffrey W. Hosford for defendant appellant.
McCULLOUGH, Judge.
On 20 February 2004, defendant pled guilty to forty-two counts
of obtaining property through false pretenses. Defendant's
sentences were suspended, and he was placed on supervised probation
for thirty-six months.
On 7 September 2004, probation violation reports were filed
alleging that defendant had failed to comply with the terms of his
probation. Specifically, the reports alleged that defendant had
admitted to using marijuana, failed to comply with the monetary
conditions of his probation, had not completed any of his court
ordered community service, and violated curfew. On 16 September
2004, additional probation violation reports were filed alleging
that defendant had failed to contact his probation officer and hadbeen terminated from a counseling program due to repeated absences.
On 8 November 2004, a probation violation hearing was held in
Beaufort County Superior Court. Defendant admitted the allegations
in the probation violation report, but denied the violations were
willful. Defendant testified that he was working and was attempting
to pay his monetary obligations, but he had some financial hardship
because he was supporting himself, his two children, his sister and
her child. Defendant also explained that he missed office visits
because he had four different probation officers in eight months,
and there was some confusion concerning his scheduled appointments.
The trial court found that defendant had willfully violated the
terms of his probation without lawful excuse, and, accordingly, the
trial court revoked defendant's probation and activated his
suspended sentences. Defendant appeals.
Defendant argues that there was insufficient evidence to
support the trial court's ruling that he violated his probation.
After careful review of the record, briefs and contentions of
the parties, we find no error. This Court has stated:
Any violation of a valid condition of probation is
sufficient to revoke defendant's probation. All that is
required to revoke probation is evidence satisfying the
trial court in its discretion that the defendant violated
a valid condition of probation without lawful excuse.
The burden is on defendant to present competent evidence
of his inability to comply with the conditions of
probation; and that otherwise, evidence of defendant's
failure to comply may justify a finding that defendant's
failure to comply was wilful or without lawful excuse.
State v. Tozzi, 84 N.C. App. 517, 521, 353 S.E.2d 250, 253
(1987)(citations omitted).
In the case sub judice, it was alleged in the violationreports that defendant admitted smoking marijuana. At the hearing,
defendant again admitted that he had smoked marijuana. The
defendant has the burden of showing excuse or lack of willfulness
and if the defendant fails to carry this burden, evidence of
failure to comply is sufficient to support a finding that the
violation was willful or without lawful excuse. State v. Crouch,
74 N.C. App. 565, 567, 328 S.E.2d 833, 835 (1985). Defendant
offered no explanation or lawful excuse for his use of marijuana.
Accordingly, we conclude it was within the trial court's discretion
to revoke defendant's probation.
Because there was sufficient grounds to revoke defendant's
probation, consideration of defendant's remaining probation
violations are moot.
No error.
Judges TYSON and ELMORE concur.
Report per Rule 30(e).
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